HR Management & Compliance

Ask the Expert: Must After-Hours Training Time Be Paid?

We are requiring some nonexempt hourly employees to attend after hours training. The training is related to their jobs, and is mandatory. Should these employees get paid for their training time?

Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the federal Fair Labor Standards Act (FLSA).

After-hours training need not be compensated if:

Attendance is entirely outside normal working hours and is voluntary (attendance will not be found voluntary if the employee is led to believe that attending is critical to his or her job).

The training is not directly related to the employee’s present job.

The employee does not do any productive work during the program.

A training program is considered directly related to the job if the training is designed to help the employee handle the present job more effectively (but voluntary attendance at school outside the workplace, after hours is not work time, even if it is related to the employee’s present job).

Time spent in training for a new job or in the development of new skills is less likely to be classified as compensable work time.

Given what you’ve told us (that the training is mandatory and related to the employees’ jobs), it is likely that a court would deem it compensable time.

Connect with Us

Free Resources

Due to COVID-19, the need for digitizing hiring to enable remote work is even greater. Ensuring that new hires are successfully settling in to their new roles is paramount in this unprecedented time. Download our free whitepaper for a look at the key phases of the onboarding journey and how various DocuSign products can improve each […]

One important aspect of improving the workplace environment that is often overlooked is office design. Changes to office and workstation design can not only make for a more pleasant and inviting workplace but also guard against complaints of employee discomfort and even costly work-related injuries.

The Recruiting Daily Advisor research team conducted a survey throughout February 2019 to take a snapshot of the real-world recruiting landscape. In our fifth annual recruiting survey, which features data from over 530 respondents, we sought to uncover recruiting trends among employers nationwide.

Knowing when to terminate an employee is just as important as knowing how to terminate an employee – and you can with this Terminations Procedures checklist.

WHY ATTEND A FORUM EVENT

Forum Events are 2-day complimentary networking events geared towards senior-level professionals. This is a great opportunity to network with peers, source solutions, and attend workshops. Check out this video to hear what previous attendees had to say.

HR Solution Showcase

COVID-19 Map and Resources for HR Professionals

The coronavirus (COVID-19) outbreak is top of mind for HR professionals and employers nationwide. Keep up with the current number of cases in your state with our interactive map, updated daily, and read on to learn how COVID-19 is impacting workplaces across the nation and what you can do to keep your workers healthy and safe.
Continue reading.

Coronavirus News and Headlines

The latest news and headlines to keep you up to date on the COVID-19 pandemic.
See resources.